2012-12-28 09:12:11
Presence of renewable energy exploitation devices in catchment protection areas
Regulations (POPE law, programming law no. 2005-781 of July 13, 2005 setting the guidelines for energy policy, transposing into French law directive 2001/77/EC of September 27, 2001 and Grenelle environmental laws) recommends increasing the share of renewable energies in final energy consumption. In this context, regional health agencies (ARS) are increasingly called upon by developers and communities to implement renewable energy recovery systems (geothermal energy, solar collectors and wind turbines) in the areas protection of catchments used for the production of water intended for human consumption due to the easements created there and which, in certain cases, may prohibit, eliminate or limit the development of certain activities, particularly agricultural.
To examine these requests, the ARS rely, where they exist, on the provisions of the prefectural decree taken pursuant to the public health code (article R. 1321-13), authorizing water collection intended for human consumption concerned, including the declaration of public utility (DUP) of catchment protection perimeters and associated easements.
Role of the Agency
In this context, the Agency produced a collective expert report in August 2011 on the main risks for groundwater resources linked to the installation, operation, maintenance and abandonment of different devices for exploiting renewable energies (geothermal energy, solar collectors and wind turbines) in the different protection areas of water catchments intended for human consumption. On the basis of this work, the Agency has made recommendations, by way of example, aimed at improving control of the identified critical points which should be implemented and controlled when the installation of these devices is authorized.
These recommendations in the form of guidelines aim to enable Regional Health Agencies (ARS) to assess risks and examine application files for the installation of renewable energy devices in catchment protection areas. .
Requests for exceptional authorization to use water taken from the natural environment that does not comply with one of the regulatory quality limits
The quality of water that can be used for the production of drinking water is regulated by regulations. However, in exceptional circumstances, non-compliant resources may be used. The Agency’s opinion is mandatory, according to article R. 1321-7-II of the public health code, on requests for exceptional authorization to use non-compliant water resources.
Role of the Agency
The expertise relating to “exceptional authorizations” concerns the following questions:
- the suitability of the proposed resource to be used exceptionally for the production of water intended for human consumption, particularly with regard to its quality, its possible variations and its risks of degradation;
- the measures proposed for the protection of the water intake;
- the justification of the proposed treatment process with regard to the quality of the raw water and its ability to produce water that permanently complies with the quality requirements set by regulations.
Underground gas storage
Underground gas storage makes it possible to manage fluctuating demand from consumers compared to a relatively constant supply from producers. For practical reasons given the surface areas required and the quantities stored, the gas is injected into the subsoil and, when stored in an aquifer, it must not disrupt other uses of groundwater. No degradation of water resources used for the production of water intended for human consumption must be linked to gas storage or its exploitation. In accordance with regulatory provisions (Decree No. 2006-649 of June 2, 2006 as amended relating to mining works, underground storage works and the policing of mines and underground storage) the opening of well drilling works for underground storage is subject to authorization from the prefect. When natural gas is injected into an aquifer containing or being in contact with water used or capable of being used for human consumption, ANSES is consulted and has one month to make its observations known.
Role of the Agency
ANSES produces an expert opinion on the aquifer gas storage project which is submitted to it for opinion in order to assess whether the project will be carried out and operated under the best possible conditions in order to avoid any present or future risk of deterioration of the quality of the water resource used for the production of water intended for human consumption.
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